The Federal High Court in Ado-Ekiti has ruled that only aspirants who participated in a political party’s primary election can challenge its outcome, striking out a suit seeking to nullify the All Progressives Congress (APC) ticket of Engr. Toyin Okoro for Ekiti South Federal Constituency I.
Justice Babs O. Keuwumi, who delivered the judgment on Thursday in Suit No. FHC/AD/CS/19/2026, held that the plaintiff, Bayo Babalotin, lacked the legal standing to challenge the party’s primary because he did not participate in the exercise.
The court also struck out the Ekiti State chapter of the APC as the third defendant, with the ruling extending to the party’s state and national bodies.
Counsel to Okoro, Dr. Femi Ogunlade, said the judgment affirmed that the right to challenge the conduct or validity of a primary election was restricted to aspirants who participated in the process.
Ogunlade described Babalotin’s suit as an attempt by a non-participant to overturn the outcome of the party’s primary, adding that the decision was consistent with the relevant provisions of the Constitution and the Electoral Act.
Okoro emerged as the APC candidate for the January 2027 election after defeating the incumbent representative, retired Air Vice Marshal Adeniyi Ojuawo, by 9,798 votes to 1,842 votes.
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Following his victory, Okoro had urged Ojuawo to accept the outcome of the primary in good faith.
The court judgment comes amid scrutiny of Okoro by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which invited and interrogated him over allegations of violating public service rules by allegedly operating a private company to secure public contracts while serving as a senior legislative aide.
The allegations are separate from the suit challenging his emergence as the APC candidate.

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